Property Law

The Aitken Partners Property Law team has a wealth of relevant experience and expertise. Property law is a significant part of our overall practice and two Accredited Specialists in Property Law bolster our team.

We see our role as being one of adding real value to clients with insights and by offering truly commercial solutions, not just one of processing and producing documentation.

Our Property Law team has vast experience in:

advising on and preparing documentation for complex leases

building contracts for both builders and private clients

resolution of lease disputes.

The team works closely with clients to achieve their commercial and investment objectives. Our aim is to be timely, cost effective and build long term relationships with our clients.

Our Property Law Experience

New Hotham Resort development in the planning, development and sale of the Bale Hotham development on Crown land;

Southern Cross Station (now Assetco Pty Ltd) in negotiating agreements with VicRoads, V/Line, the Department of Crown Land and major banks in the redevelopment of the station and its day to day operation, commercialisation of business opportunities (such as advertising rights and leasing), general commercial and property advice, documentation with regards to leasing and commercialisation, the sale of advertising rights in public spaces and negotiating, drafting and settling Master Access and Service contracts regarding the road/rail/bus (Skybus) interchange and operating arrangements;

Jayral Golf Pty Ltd's development of Silverwoods, a $500-million golf course estate at Lake Mulwala, involving a 1000 lot subdivision, golf course, hotel and convention centre. Of particular significance was our quick identification of complex planning issues and obtaining of approvals to ensure work was not delayed;

Geelong Cement Works redevelopment by Moltoni Corporation Pty Ltd involving many acquisitions including the principal one of the Adelaide Brighton Cement works, planning issues including amendments to the Greater Geelong Planning Scheme, conversion of general law land and stamp duty advice;

The purchase of a prominent Melbourne CBD property (167-171 Collins Street) by Mayfair Collins Pty Ltd and then the subsequent obtaining of a multi-storey office block permit for the property. The permit was contested by an objector through VCAT and the Full Court of the Supreme Court of Victoria. The objection was defeated and the client then sold the property to the Macquarie Bank group for in excess of $25 million. The sale involved a further number of significant lease disputes and negotiations with tenants of the building, which we successfully concluded;

Acting for a client on the acquisition, development and sale of a Coles supermarket redevelopment in Sorrento with a project value in excess of $14 million, involving issues such as identification of contamination "hot spots" on the site, significant town planning issues and negotiation and completion of Section 173 Agreements under the Planning and Environment Act, the registration of necessary easements, leases with commercial tenants and early access agreements;

Major medical research institute entering into a ground sublease with a statutory health body. The transaction involves excision of a parcel of land which will revert to Crown land and the grant of a lease under the Land Act to the medical authority and a back to back sublease to our client. Matter still in preparatory stages, so it is a proposed transaction;

Completion of registration of statutory easement. Elgas acquired a business from the Gas & Fuel Corporation more than 15 years ago. It involved the acquisition of a gas pipeline that crossed numerous properties via an easement. In order to transfer the rights a specific Act of Parliament was passed. The easement has yet to be registered and we are attending to its registration by identifying all the properties it passes over and lodging a unique application with the Registrar of Titles;

Advising many land owners in compulsory acquisition disputes, including infrastructure developments such as the North South Pipeline, the Broadford Pipeline, the Craigieburn Bypass, the Wonthaggi Desalination Plant, the East-Link project, South Wharf for the Melbourne Convention Centre, the Springvale Road Rail Separation Project, Calder Highway Bypass and a suburban property affected by widening of Warrigal Road;

Advising a major medical research institute on the lease for its new building involving negotiations with the State Government of Victoria, the University of Melbourne and Melbourne Health (Royal Melbourne Hospital);

Guiding client when negotiating a large lease to the Victorian Police Department;

Leasing of 10 floors of a CBD building to the Commonwealth Government; and